Can I Face State and Federal Charges for The Same Crime?

When you commit a crime that violates both federal and state laws, you can face both federal and state charges. Double jeopardy will not apply in this case because the federal and state governments are considered separate sovereigns. This means that if you face both state and federal charges, the penalties will likely be stiffer. It helps to speak to a skilled criminal attorney when this happens to understand the possible penalties if you are convicted under federal and state law, as well as your options. A competent attorney can also explore other options that could yield a more favorable outcome in your case.

Understanding Double Jeopardy and When It Applies

Double jeopardy is a clause included in the 5th Amendment of the United States Constitution. It protects defendants from facing multiple charges for the same crime. If you face a criminal charge that could result in another charge, the prosecutor chooses the most appropriate or more severe charge when filing a case against you in a criminal court. The Double Jeopardy law guarantees the following:

That you will not face prosecution for the same crime if, after or before a trial, the judge acquits you of all your charges
You will not face double conviction for one crime
You will not be penalized multiple times for one crime.

This clause has already been adopted into several state laws, including California. You are protected from double jeopardy under California PC 687. This means that if you violate a California law, a criminal court cannot convict you repeatedly for the same crime. However, if you repeat the same crime, you will likely face stiffer penalties for being a repeat offender.

However, the Double Jeopardy Clause applies only to prosecutions within the same government or sovereign. This means that you are protected from double prosecution or conviction if you violate a state or local law. If you commit a crime that separate sovereigns can prosecute, you can be prosecuted twice for the same crime. This happens when you commit a crime that violates federal and state laws. The Double Jeopardy Clause will not protect you when this happens. The state government will prosecute and possibly convict you, while at the same time, or afterward, you face federal criminal charges.

When this happens, you can seek counsel from a skilled criminal attorney to understand your legal situation and potential consequences. They can also develop a solid defense to prevent a conviction under state or federal laws, or both.

When to Invoke the Double Jeopardy Law

If you face criminal charges under California law, you can invoke the double jeopardy law in many situations, including the following:

When a criminal court acquits you of a crime and concludes your trial, the prosecution team cannot appeal the judge's final verdict or file fresh charges against you for the same crime. This applies even when new and more compelling evidence comes up after the trial.
When a criminal court convicts you of a crime, or you plead guilty to a particular charge and the judge concludes your case, the prosecution cannot file different charges against you for the same crime.
If you enter a plea deal and plead guilty to a less severe charge, and the judge allows it, the prosecution cannot change the charge to a more severe crime.
You can invoke the double jeopardy law as soon as the trial for your crime starts. The law recognizes that double jeopardy applies once a trial begins. If the prosecutor tries to change your charges after the trial, you can fight it with the help of your attorney.
If something happens during the trial and the judge declares a mistrial, or the judge discharges the jury without seeking your consent, your skilled attorney can invoke the double jeopardy law if another trial is started. You must accept a mistrial or the discharge of the jury for the court to continue your trial under new circumstances.
If a judge dismisses your case based on your charges’ merits, or there is inadequate evidence to proceed with the trial, the prosecutor cannot file fresh or the same charges against you again.
If a judge dismisses a misdemeanor case because the prosecution was late in bringing the matter to a trial, or there are already two failures by the prosecution to bring a felony case to trial, the prosecutor cannot keep filing new charges for that same crime.

Circumstances When Double Jeopardy Will Not Apply

There are situations when, even when facing state charges only, you cannot invoke the double jeopardy law. These circumstances include the following:

When you face multiple convictions or acquittals in a single trial. If one crime results in multiple charges, you cannot cite double jeopardy because the multiple charges are considered separate offenses of the same incident. Each of those charges can result in a criminal conviction on its own merits or an acquittal.
When you face state vs. federal charges (which is rare), if a crime can be charged under both state and federal law, you cannot use double jeopardy to prevent a conviction under both laws.
When facing a criminal charge and a civil lawsuit for one crime. A conviction in a criminal court will not prevent the alleged victim from filing a civil suit against you. Since criminal convictions yield different outcomes from civil lawsuits, filing both for the same crime is allowed under the law.
If you file an appeal against a criminal conviction and the court overturns it, the prosecutor can file criminal charges against you and bring another trial against you for the same offense without violating the double jeopardy clause. However, the new criminal charges must not exceed the original charges in the trial.
Additionally, if you bring a motion in court for a fresh trial after a criminal conviction, and the court grants your motion, you automatically waive your rights to invoke the double jeopardy law.
If you face an arrest for a DUI and the police automatically suspend your driver’s license pending a court hearing, you can request an administrative hearing to fight the suspension. The Double Jeopardy Clause does not apply in these cases.

Example: Tommy was driving speedily down the road when they hit and killed Lydia. Tommy was arrested and charged with DUI murder after it was established that they were driving under the influence of drugs. Even after the conviction, Lydia’s family decided to file a civil suit against Tommy for the damages that Lydia’s wrongful death caused.

The double jeopardy law does not apply in this case, even if the two cases arose from the same crime committed by Tommy.

Additionally, double jeopardy will not apply if a judge dismisses a case for legal necessity. This can happen when a juror falls ill or is deemed incapacitated to continue in the trial, or when a juror goes missing in action. The judge can also take this action if the jury fails to reach a final verdict. In this case, the prosecutor can re-file charges against you without violating the double jeopardy clause.

The Doctrine of Dual Sovereignty

This doctrine applies when a crime violates laws of different sovereigns, as when it violates both federal and state laws. This means that you can face prosecution under the two sovereigns without violating the double jeopardy clause. If you violate a law that is in two sovereigns, you will not escape double prosecution, even for one offense. This is because state law is considered a separate sovereign from federal government law.

For example, if you face charges for violently assaulting a person under state laws, you can face separate charges for the same crime in a federal court for violating the alleged victim’s civil rights. The federal charge will still apply even if the state law does not find you guilty of assault. A federal conviction can arise even if a case has already been determined under state law. This is because the state and federal governments are separate sovereigns with distinct legal frameworks.

Criminal Charges that Can Result in both State and Federal Charges

There are many situations in which dual sovereignty applies in California, meaning you can face both state and federal criminal charges for the same crime. The most common conditions and situations when this happens include the following:

Drug Trafficking Charges

Drug trafficking charges occur when you are suspected of selling, manufacturing, transporting, or possessing large amounts of drugs. Although this is generally a state law, it can become a federal law violation if there is evidence of trafficking controlled substances across state lines. Trafficking large amounts of drugs could also result in federal involvement. Federal law charges apply regardless of the outcome of the state charges. This is because investigations and trials under state and federal laws are conducted independently.

Firearm Offenses

A firearm-related crime can result in both state and federal charges depending on the nature of the weapon, who is involved, and the location of the offense. Generally, state laws govern the local possession and use of firearms, while federal laws apply primarily to firearm offenses involving restricted weapons, interstate commerce, and protected individuals. When a gun crime crosses state lines, federal agencies will take up the case even if the case is still under state trial.

Examples of prohibited persons that can trigger a federal prosecution for a firearm offense include fugitives, felons, and people who are already facing a firearm or ammunition ban because of a domestic violence matter.

White-Collar Crimes

Most white-collar crimes, including wire fraud, identity theft, and embezzlement, overlap jurisdictional boundaries, especially when they cross state lines. This means that you can face state and federal charges when they do. Some white-collar crimes involve defrauding a federally insured institution or using the federal wire or mail systems. These will automatically result in federal charges, even if there is an ongoing state charge. When a fraud scheme involves interstate commerce or uses a federal institution, it can result in both state and federal charges.

Violent or Hate Crimes

Some acts of violence, like murder and kidnapping, can attract the attention of both state and federal government agencies. This can happen if a hate or violent crime involves interstate commerce or a federal official. Generally, a dual prosecution dynamic occurs when the federal government is involved, allowing it to initiate an investigation concurrently with local police. A federal intervention can also happen if the local state government lacks the legal authorization to handle a violent or hate crime. If a state government takes up a high-profile civil rights case but fails to secure a conviction, the federal government can step in.

However, the Department of Justice applies a Petite Policy in such cases to prevent over-prosecution. This means that federal prosecutors are generally restricted from pursuing cases that state prosecutors can successfully handle. However, if there is a compelling reason why the federal government must be involved, and the federal agencies obtain approval from the Department of Justice, you can face state and federal charges at the same time.

Find a Competent Criminal Attorney Near Me

Do you or someone you love face state and federal charges for the same crime in Los Angeles?

A skilled criminal attorney can better explain your situation and options. They can review your case first to determine whether double jeopardy laws apply, or if it is a case of dual sovereignty, based on the exact charges you face. A skilled attorney can raise double jeopardy or mount a solid defense against both charges to achieve a favorable outcome. They can also negotiate with the state or federal court for a favorable outcome.

We can do all that and also defend your legal rights at the Law Offices of Jonathan Franklin. We are experienced in handling dual-sovereignty cases and can leverage our expertise to influence their outcomes. We will also ensure that you navigate all legal processes regarding your case successfully. Call us at 310-273-9600 to discuss your case, options, and our services further.

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